[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4358]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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CONSUMER PRODUCT SAFETY COMMISSION
[CPSC Docket No. 94-C0009]
Futon Factory; Provisional Acceptance of a Consent Order
Agreement
AGENCY: Consumer Product Safety Commission.
ACTION: Provisional Acceptance of a Consent Order Agreement under the
Flammable Fabrics Act (FFA).
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SUMMARY: It is the policy of the Commission to publish settlements
which it provisionally accepts in the Federal Register in accordance
with the terms of 16 CFR section 1605.13. Published below is a
provisionally-accepted Consent Order Agreement with Ted Imel, d/b/a
Futon Factory.
DATES: Any interested person may ask the Commission not to accept this
agreement or otherwise comment on its contents by filing a written
request with the Office of the Secretary by March 14, 1994.
ADDRESSES: Persons wishing to comment on this Settlement Agreement
should send written comments to the Comment 94-C0009, Office of the
Secretary, Consumer Product Safety Commission, Washington, DC 20207.
FOR FURTHER INFORMATION CONTACT:
Melvin I. Kramer, Trial Attorney, Office of Compliance and Enforcement,
Consumer Product Safety Commission, Washington, DC 20207; telephone
(301) 504-0626.
SUPPLEMENTARY INFORMATION: (Attached).
Dated: February 17, 1994.
Sheldon D. Butts,
Deputy Secretary.
Consent Order Agreement
Ted Imel, doing business as Futon Factory (hereinafter,
``Respondent'') enter into this Consent Order Agreement (hereinafter,
``Agreement'') with the staff (hereinafter, ``staff'') of the Consumer
Product Safety Commission (hereinafter, ``Commission'') pursuant to the
procedure for Consent Order Agreements contained in section 1605.13 of
the Commission's Procedures for Investigations, Inspections, and
Inquiries under the Flammable Fabrics Act (FFA), 16 CFR part 1605.
This Agreement and Order are for the sole purpose of settling
allegations of the staff that the Respondent sold futon mattresses that
are subject to the Flammable Fabrics Act, the Federal Trade Commission
Act, and the Standard for the Flammability of Mattresses and Mattress
Pads (FF 4-72), amended), 16 CFR part 1632, (hereinafter, ``Mattress
Standard''); and that those futon mattresses failed to comply with
those Acts and the Mattress Standard issued thereunder, as more fully
set forth in the complaint accompanying this Agreement.
Respondent and the Staff Agree
1. The Consumer Product Safety Commission has jurisdiction in this
matter under the following acts: Consumer Product Safety Act (15 U.S.C.
2051 et seq.), Flammable Fabrics Act (15 U.S.C. 1191 et seq.), and the
Federal Trade Commission Act (15 U.S.C. 41 et seq.).
2. Respondent is a sole proprietorship organized and existing under
the laws of the State of Oregon with its principal place of business
located at 220 SW Ankeny, Portland, Oregon 97204.
3. Respondent Ted Imel is the sole proprietor of the Futon Factory
and, in this capacity, is responsible for its acts, practices, and
policies.
4. Respondent is now and has been engaged in one or more of the
following: The manufacture for sale, the sale, or the offering for
sale, in commerce, of a product, fabric, or related material which is
subject to the requirements of the Flammable Fabrics Act, 15 U.S.C.
1191 et seq., and the Standard for the Flammability of Mattresses and
Mattress Pads (FF 4-72, amended), 16 CFR part 1632.
5. This Agreement is for settlement purposes only, does not
constitute an admission by Respondent that he has violated the law, and
becomes effective only upon its final acceptance by the Commission and
service of the Final Order upon Respondent.
6. Respondent waives (a) all requirements for finding of fact and
conclusions of law in the disposition of this matter, and (b)
administrative and judicial review of the facts and proceedings.
7. The requirements of this Order are in addition to, and not to
the exclusion of, other remedies such as criminal penalties which may
be pursued under section 7 of the FFA, 15 U.S.C. 1196, and civil
penalties which may be pursued under section 5 of the FFA, 15 U.S.C.
1194.
8. Violation of the provisions of the Order may subject Respondent
to a civil penalty not to exceed $10,000 for each such violation, as
prescribed by law.
9. The Commission may disclose the terms of this Consent Order
Agreement.
10. This Agreement and the Complaint accompanying the Agreement may
be used in interpreting the Order.
11. No agreement, understanding, representation or interpretation
not contained in this Agreement, Order, and accompanying Complaint may
be used to vary or contradict the terms of the Order.
Upon acceptance of this Agreement, the Commission shall issue the
following Order:
Order
I
It is hereby ordered that respondent, and his successors and
assigns, agents, representatives, and employees of the Respondent,
directly or through any corporation, subsidiary, division, or other
business entity, or through any agency, device or instrumentality, do
forthwith cease and desist from selling or offering for sale, in
commerce, or manufacturing for sale, in commerce, or importing into the
United States or introducing, delivering for introduction, transporting
or causing to be transported, in commerce, or selling or delivering
after sale or shipment in commerce, any product, fabric or related
material which fails to conform to the Standard for the Flammability of
Mattresses and Mattress Pads (FF 4-72), amended 16 CFR part 1632.
II
It is further ordered that respondent conduct prototype testing for
each futon mattress design, prior to production, in accordance with
applicable provisions of the Standard for the Flammability of
Mattresses and Mattress Pads (FF 4-72, amended), 16 CFR part 1632.
III
It is further ordered that respondent prepare and maintain written
records of the prototype testing specified in paragraph II of this
Order for each futon mattress design, including photographs of the
tested futon mattresses, in accordance with applicable provision of the
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-
72,) amended), 16 CFR part 1632.
IV
It is further ordered that respondent prepare and maintain a
written record of the manufacturing specifications of each futon
mattress prototype in accordance with applicable provisions of the
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-72,
amended), 16 CFR part 1632.
V
It is further ordered that respondent conduct prototype testing or,
if appropriate, obtain supplier certification to support any
substitution of materials after prototype testing, in accordance with
all applicable provisions of the Standard for the Flammability of
Mattresses and Mattress Pads (FF 4-72, amended), 16 CFR part 1632.
VI
It is further ordered that respondent prepare and maintain a
written record of the manufacturing specifications of any new ticking
or tape edge material substituted for those used in the original
prototype testing, in accordance with applicable provisions of the
Standard for the Flammability of Mattresses and Mattress Pads (FF 4-72,
amended), 16 CFR part 1632.
VII
It is further ordered that respondent prepare and maintain all
other records required by the Standard for the Flammability of
Mattresses and Mattress Pads (FF 4-72, amended), 16 CFR part 1632,
including:
(a) Records to support any determination that a particular material
other than ticking or tape edge material did not influence ignition
resistance;
(b) Ticking classification test results or a certification from the
ticking supplier;
(c) Tape edge substitution test results;
(d) Photographs of any futon mattress tested for purposes of making
a tape edge substitution; and,
(e) Records describing the disposition of all failing or rejected
prototype futon mattresses.
VIII
It is further ordered that respondent shall forthwith distribute a
copy of this Order to each of its operating divisions.
IX
It is further ordered that respondent shall within sixty (60) days
after service upon them of this Order, file with the Commission a
report, in writing, setting forth in detail the manner and form in
which he has complied with this Order.
X
It is further ordered that, for a period of ten (10) years from the
date this Order becomes final within the meaning of the Federal Trade
Commission Act, Respondent notify the Commission at least thirty (30)
days prior to any proposed change in the way Respondent does business
which may affect his compliance obligations arising out of this Order.
XI
It is further ordered that the Consent Order Agreement is
provisionally accepted pursuant to 16 CFR section 1605.13, and shall be
placed on the public record, and the Commission shall announce
provisional acceptance of the Consent Order Agreement in the
Commission's Public Calendar and in the Federal Register.
Signed this 22nd day of November, 1993.
Ted Imel,
d/b/a Futon Factory, 220 SW Ankery, Portland, OR 97204.
David Schmeltzer,
Associate Executive Director, Office of Compliance and Enforcement.
Alan H. Schoem,
Director, Division of Administrative Litigation, Office of Compliance
and Enforcement.
Melvin I. Kramer,
Trial Attorney, Division of Administrative Litigation, Office of
Compliance and Enforcement.
By direction of the Commission, this Consent Order Agreement is
provisionally accepted pursuant to 16 CFR section 1605.13, and shall be
placed on the public record, and the Commission shall announce
provisional acceptance of the Consent Order Agreement in the
Commission's Public Calendar and in the Federal Register.
So ordered by the Commission, this 18th day of February, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-4358 Filed 2-24-94; 8:45 am]
BILLING CODE 6355-01-M
